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ELRCDismissedNot stated in the judgment· [2023] KEELRC 2693 (KLR)

Kipteng v Good Hope Sacco Limited; Co-operative Bank (K) Limited (Garnishee) (Employment and Labour Relations Appeal E013 of 2022) [2023] KEELRC 2693 (KLR)

High Court of Kenya
31 October 2023
HWHellen Wasilwa
4,035 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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The High Court refused garnishee orders against a Sacco's bank accounts because identical recovery proceedings were already pending in Kilgoris, making the application sub judice.

What this practically means

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Executive summary

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The Decree Holder, Angeline Naanyu Kipteng, applied by Notice of Motion dated 22 August 2023 for garnishee orders (Order Nisi and Order Absolute) against her accounts with Co-operative Bank of Kenya Limited to satisfy certificates of costs of Kshs. 679,873.50 issued on 15 August 2023, plus garnishee costs and interest; she also sought consolidation of the certificates and leave to institute contempt proceedings against the Chairman and CEO of Good Hope Sacco Limited. The Garnishee, through affidavits of its legal officers Jackson Oire and Lucy Muthama, opposed the application, contending that the accounts were collateral accounts over which the Bank held a lien as security for a Kshs. 191 million loan facility; that the funds had already been attached and made absolute in garnishee proceedings in Kilgoris MCELRC No. 2 of 2019, whose ruling of 8 July 2022 was under appeal in Kilgoris Civil Appeal No. E006 of 2022; that the Bank had deposited Kshs. 1,675,271 in court as security for stay; and that the present application was sub judice under Section 6 of the Civil Procedure Act, with insufficient funds remaining after the Bank debited the accounts in September 2023. In a brief ruling, the court held that similar garnishee proceedings were pending before the High Court in Kilgoris and that the issues were therefore sub judice. It declined to issue garnishee orders as prayed, permitted execution to proceed in any other form, and awarded costs in the cause, delivering its ruling virtually on 31 October 2023.

Key legal issues

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01

Whether the garnishee application is sub judice

Holding

The court found the issues before it were also before the High Court in Kilgoris and therefore sub judice, and declined to issue garnishee orders

Reasoning

The court noted that similar garnishee applications had been made before Kilgoris High Court CA No. E006/2022 and orders were issued against the garnishee in a similar matter. Details of the case leading to those garnishee orders were not disclosed. Since the same issues were pending before the High Court in Kilgoris, the court held the present proceedings were sub judice and declined to issue garnishee orders, permitting execution in any other form.

p. 8

Legal principles established

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  • Where the subject matter of a suit is directly and substantially in issue in a previously instituted suit, the court may decline to entertain the later suit for being sub judice under Section 6 of the Civil Procedure Act

Court orders

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  1. 1.Declined the invitation to issue garnishee orders as prayed
  2. 2.Ordered that execution may proceed in any other form
  3. 3.Costs in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3 and 3A; Section 6
  • Civil Procedure Rules, 2020Order 11 Rule 3(1)(h); Order 23 Rules 1-4
  • Constitution of KenyaArticle 159(2)(d)
  • Judicature ActNot specified
  • High Court (Vacation) Practice and Procedure RulesSection 3(1)&(2)
Jurisdiction invoked
Inherent jurisdiction and Civil Procedure Act (Sections 1A, 1B, 3 and 3A; Order 11 Rule 3(1)(h) and Order 23 Rules 1-4 of the Civil Procedure Rules, 2020)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kipteng v Good Hope Sacco Limited; Co-operative Bank (K) Limited (Garnishee) (Employment and Labour Relations Appeal E013 of 2022) [2023] KEELRC 2693 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2693/eng@2023-10-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.